Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Minutes - Planning Commission - 01/08/2019
SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 8 JANUARY 2019 The South Burlington Planning Commission held a regular meeting on Tuesday, 8 January 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Gagnon, Acting Chair; A. Klugo, T. Riehle, D. Macdonald, M. Ostby ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, City Planner; K. Dorn, H. Riehle, T. Barritt, D. Kaufman, S. Murray, S. Dooley, D. Leban, L. Yankowski, J. Kochman. S. Dopp, D. Angus, R. Greco, Alison Chalnick, Andrew Chalnick, D. Murdoch, T. Zylka, S. Swanson, A. Strong, T. Bailey, J. Hawkins-Hilke, B. Milizia, other members of the public 1. Directions on emergency evacuation procedures from conference room: Mr. Gagnon provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3. Open to the public for items not related to the Agenda: Mr. Angus expressed frustration with trying to deal with a commercial building that is located in an R7 zoning district. He felt the zoning was an oversight and was dismayed at the inability of the city to address a problem as it arises. Mr. Gagnon explained that the Commission’s agenda is taken up with issues charged to them by the City Council. 4. Planning Commissioner announcements and staff report: There were no announcements or staff report. 5. Consideration and possible approval of recommendations to the City Council for FY2020 Chittenden County Regional Planning Commission Unified Planning Work Program Requests: Mr. Conner explained that annually the Commission makes recommendations to the Council which then makes requests to the Regional Planning Commission (RPC) for projects related to transportation. Mr. Riehle asked about the Van Sicklen Road proposal. Mr. Conner said it is just for traffic counts. Mr. Riehle stressed that Friday is a very busy day, and that should be included to get an accurate count. Ms. Ostby said she thought item #3 – scoping of the bicycle‐pedestrian bridge over I‐89 ‐ was covered by the TIF. Mr. Conner said only a small portion is TIF eligible. He also noted that this request was not funded this year. There also could be local funding involved as a federal grant can require a local match. Mr. Klugo felt it was good to be focusing on wrapping up projects. Mr. Klugo then moved to approve the recommendations as presented and submit them to the City Council. Mr. Riehle seconded. Motion passed 5-0. 6. Special presentation and discussion with Jens Hawkins-Hilke, Conservation Planner with the Vermont Department of Fish & Wildlife: Mr. Hawkins-Hilke stressed that he is not an expert on the ecology of South Burlington, so he will be presenting a “big picture view.” He also noted that his presentation is directly related to Interim Zoning. He also cited the JAM Golf decision and the need for the city to be crystal clear in its regulations. He suggested always including a map. “Significant Wildlife Habitat” means different things to different towns. Basically, it relates to those natural features that contribute to the survival and/or reproduction of the native wildlife of a community, including but not limited to: deer watering areas, habitat for rare species, riparian areas and surface waters, wetlands and vernal pools, wildlife travel corridors, high elevation bird habitat, ledge, talus, and cliff habitats, tree/forest cover, natural communities, significant wildlife habitat, grassland. Secondary conservation areas often cover larger areas of secondary ecological importance where lower regulatory standards are appropriate. Mr. Hawkins-Hilke noted that the State has an on-line mapping site identified as BioFinder. This gives a larger ecological context (e.g., interior forest blocks, landscape connectivity, surface waters/riparian areas). Vermont is 78% forested. Forest blocks are areas of natural cover surrounded by roads, development and agriculture. The largest ones are along the Green Mountains. Burlington and South Burlington have some of the smallest forest blocks in the state. However, there is more biological diversity in the Champlain Valley than on higher elevations. Even tiny forest blocks have more species. Mr. Hawkins-Hilke showed a map of South Burlington forest blocks of 20 or more acres. He suggested that secondary standards should apply here (e.g. limiting driveway lengths, encouraging cluster development, looking for interaction with wildlife crossings). Vermont is losing about 11,000 acres of forest a year. With the onset of climate change, Vermont will get warmer and wetter. Average temperatures are projected to rise 9-13 degrees in winter by the later part of the century. Precipitation has also increased 15-20% over the past 50 years. Mr. Hawkins-Hilke noted that Act 171 requires towns to identify forest blocks and habitat connectors. There is a need to plan for land development in those areas to minimize forest fragmentation. Connectors can be small forest blocks, wildlife crossings, and riparian areas. These should be looked at in South Burlington. There should not be isolated areas of habitat. Mr. Hawkins-Hilke then showed a map of bobcat migration including a crossing at Route 116. In Shelburne He felt that development should be limited right near that crossing as an example of connectivity. Mr. Riehle asked how wide a riparian area/hedgerow needs to be. Mr. Hawkins-Hilke said the wider the better. The width is also related to species. He then cited Potash Brook, the Winooski River and Muddy Brook as major features in the pattern and showed an aerial map of priority wildlife crossings. He noted that this may not be 100% accurate as current science is not good enough to get to a strong regulatory standard. He also showed a random forest block and indicated where development is appropriate and would not affect connectivity. Primary conservation areas are often smaller and need higher regulatory standards. Mr. Hawkins-Hilke showed a map of “flagged areas” in South Burlington. Characteristics of these areas include: very steep slopes (more than 20%), surface water shorelines, wetlands, flood hazard areas, fluvial erosion hazard areas, rare endangered species protection, water supply source protection. Mr. Hawkins-Hilke showed a map of water resources in South Burlington (from BioFinder). He said the stream network is the most important resource in the city; everything related to wildlife is connected there. He also showed a graph of the water pattern during Hurricane Irene and noted that Middlebury was spared what Rutland experienced because water had more places to go. Mr. Hawkins-Hilke noted there is no statewide map of significant natural communities in Vermont. The ones in the best condition and the rarest ones are labeled by the State as “State Significant Natural Communities.” There is information on natural communities in the 2004 Arrowwood Inventory Study. A member of the audience asked if that study has “aged out.” Mr. Hawkins-Hilke said “yes/no” and suggested it be checked before basing a zoning standard on it. Mr. Hawkins-Hilke then showed a map of South Burlington wetlands which are critical to biodiversity. He said these areas should have a buffer around them and stressed that having development to completely circle a wetland significantly diminishes its wildlife functions. With regard to rare species, Mr. Hawkins-Hilke showed a map of where these have been found. He stressed that they have not been looked for everywhere in South Burlington. Mapping these areas is easy with plants. With animals, there is a “circle of spatial uncertainty,” rather than a regulatory map. Grasslands exist only to the extent that they are managed, and they often do not fit with town planning because they are ephemeral; how grasslands are managed year-to-year has a significant effect. These resources do exist in South Burlington, but Mr. Hawkins-Hilke could not say exactly where do to their nature. In concluding, Mr. Hawkins-Hilke suggested 3 resources: “Conserving Vermont’s Natural Heritage,” “Mapping Vermont’s Natural Heritage” (being printed now to indicate how to use BioFinder for land use planning), and “Community Strategies for Vermont’s Forests and Wildlife.” Ms. Ostby asked if there can be an analysis of the impact of density. Mr. Hawkins-Hilke said there are no specific number regarding density, but it is part of the consideration regarding wildlife. There should be high density in some areas but not in others. Ms. Dopp asked about combinations of resources in an area that might have many features. Mr. Hawkins-Hilke said it depends on whether there’s overlapping. There can be conflicting uses that have different ecological conditions. He also noted that there are some places in South Burlington that are “loved to death” by people, but it may be important to get people out of them. 7. Brief Summary and Overview of Planning Commission’s Work during Interim Zoning Period: Planned Unit Developments and Master Plans, Subdivisions and Natural Resource Standards, Site Plan Study: Mr. Gagnon said the Commission is primarily working on the PUD process, and there are many pieces involved in that. The goal is to update Chapter 12 of the Land Development Regulations. The Natural Resources Committee will be invited to review the draft. Ms. Ostby said it would be interesting to know how much density an area can take and still be environmentally sound. 8. Other Business: a. Burlington Planning Commission Public hearing on proposed amendments to Burlington Comprehensive Development Ordinance, 9 January 2019, 6:45 p.m., at Burlington City Hall b. Shelburne Planning Commission Public Hearing on proposed amendments to Shelburne Zoning Bylaws, 10 January, 7 p.m., Shelburne Municipal Complex No action was taken as these items were for information only. 9. Adjourn to Interim Zoning Committee Meetings: Ms. Riehle noted the time limitation of Interim Zoning and hoped all work can be done quickly without cutting corners. Mr. Gagnon stressed that tonight’s meetings are organizational only to elect officers (Chair, Vice Chair and Clerk) for each group. Mr. Dorn noted that clerks will do meeting minutes. He also stressed that the meetings are all open to the public. Mr. Kaufman stressed that Interim Zoning is not to stop development in the Southeast Quadrant, but to do it in the best way. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 8:52 p.m. ___________________________________ Clerk Minutes approved by the Planning Commission January 22, 2019 Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning Cathyann LaRose, City Planner SUBJECT: PC Staff Memo DATE: January 8, 2018 Planning Commission meeting Happy New Year! This very first meeting of 2019 will have a bit of a different format and will be a kick-off for the work that the PC and the City’s Interim Zoning Committees are undertaking this winter. The main event of the Planning Commission’s agenda will be hosting Mr. Jens Hawkins-Hilke, Conservation Planner with the VT Department of Fish and Wildlife. Part of Jens’ work involves meeting with communities all around the state to discuss planning for natural resource and wildlife conservation. We’ve invited several other City committees to attend as well: the newly-formed Open Space and Transfer of Development Rights Interim Zoning Committees, the Natural Resources Committee, and the City Council. Following the Commission’s meeting, the Council may speak and provide some overall perspective on the Interim Zoning projects being undertaken. And finally, the two newly- formed Interim Zoning Committees will hold their first meetings. We’ve tried to keep the PC meeting relatively short so that the rest of this can take place and folks can still get some at a reasonable hour. 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Welcome to members of the Open Space & Transfer of Development Rights Interim Zoning Committees, Natural Resources Committee members, and City Councilors (7:01 pm) 3. Agenda: Additions, deletions or changes in order of agenda items (7:05 pm) 4. Open to the public for items not related to the agenda (7:05 pm) 5. Planning Commissioner announcements and staff report (7:08 pm) 6. Consideration and possible approval of recommendations to City Council on FY 2020 Chittenden County Regional Planning Commission Unified Planning Work Program (UPWP) requests (7:12 pm) See attached staff memo 7. Special Presentation and Discussion with Jens Hawkins-Hilke, Conservation Planner with the Vermont Department of Fish and Wildlife (7:17 pm) We’re excited to have Jens join us to provide an overview of best practices for municipalities’ consideration of natural resources and wildlife corridors. He’ll give a presentation followed by a short Q & A on the subject. 8. Brief Summary and Overview of Planning Commission’s work during Interim Zoning period (8:32 pm) Planned Unit Developments & Master Plans; Subdivisions & natural resources standards; Site Plan Standards Vice-Chair Bernie Gagnon and staff will provide short overview of the projects the Planning Commission is working on during the Interim Zoning period, to provide context for the two newly-formed IZ Committees. 9. Other business: a. Burlington Planning Commission Public Hearing on proposed amendments to Burlington Comprehensive Development Ordinance, January 9, 2019, 6:45 pm Burlington City Hall b. Shelburne Planning Commission Public Hearing on proposed amendments to Shelburne Zoning Bylaw, January 10, 7:00 pm, Shelburne Municipal Complex 10. Adjourn to Interim Zoning Committee meetings (8:40 pm) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: FY ‘20 CCRPC Unified Planning Work Program projects DATE: January 8, 2019 Planning Commission meeting The Chittenden County Regional Planning Commission is seeking input on possible transportation planning-related projects they should undertake in their next fiscal year in support of South Burlington. This year, after discussion with DPW and the Regional Planning Commission, staff is recommending a slightly different approach to UPWP projects for the coming year. In recent years, the City has completed several corridor studies – Williston Road, Shelburne Road, Spear Street, Dorset Street – as well as bicycle & pedestrian scoping projects and intersection improvements all around the City. With the project to revamp the way in which traffic and transportation impact associated with new development nearing completion, we’re looking to leverage all of this great prior work to get more physical improvements moving forward. Therefore, the proposal below focusses on a couple of principal objectives: 1. Complete current projects underway 2. Undertake any follow-up work as needed to implement projects that have been completed Below is a list of proposed projects for FY ’20, followed by a status report on current UPWP projects. Staff recommends approval of the proposed list for submittal to the City Council. The Council will be asked to consider the list at their next meeting. Proposed FY 2020 UPWP project applications: 1. Follow-up work to Traffic Overlay Districts project & Scoping studies Summary: Upon completion of the current project to revamp the City’s traffic impact fees and transportation regulations, this project would assign CCRPC staff time and consultant resources towards implementation. Specifically, under the auspices of using the City’s completed Scoping studies as the foundation of transportation improvements to be completed in the coming years, this Phase II work of the Traffic Impact Fees and Transportation Regulations would connect developers’ requirements to the City’s priority list of projects to be completed. Work may 2 include, but will not be limited to, developing measurements of the improvements made by individual projects to the transportation network, preparing updated design & construction cost estimates for priority projects, and performing, where necessary, minor updates to scoping studies to reflect City transportation improvement priorities. Source(s): Comprehensive Plan, Corridor Studies, Current UPWP projects Estimated Cost: $30,000 Source of 20% Match: P & Z Consulting budget 2. Conduct speed and volume counts at approximately six locations around the City Summary: Have CCRPC staff or interns perform traffic counts for speed and/or volume at various collector roadways in the City as needed and scheduled by DPW. Among the requests will be Van Sicklen Road. Source(s): Department of Public Works, citizen interest expressed to DPW Estimated Cost: $10,000 Source of 20% Match: DPW & P & Z consulting budgets 3. Scoping analysis for Queen City Park Road (joint project with City of Burlington) Summary: Complete a scoping study for the replacement of the Queen City Park Road bridge and related pedestrian improvements along Queen City Park Road in Burlington and South Burlington. Source(s): DPW, City of Burlington, Shelburne Road Corridor Study Estimated Cost: $10,000 Source of 20% Match: DPW Status of Current UPWP Projects 1. Multi-site pedestrian crossings scoping Summary: This project is scoping out three intersection-level bicycle / pedestrian improvements: (a) adding a refuge island and crosswalk across Williston Road near Pillsbury Manor, (b) adding a crosswalk and improving the refuge on Kennedy Drive at Twin Oaks Drive, (c) examining vehicle lane assignments at Williston Road / Kennedy Dr and Williston Road / Hinesburg Rd to determine if bicycle lanes can be continued to the intersections. 3 Status: project initiated in fall of 2019 with Toole Design Group and project team made up of staff from the City & CCRPC and a member of the Bike Ped Committee. First public meeting anticipated in late winter 2019. 2. Multi-site Bicycle & Pedestrian Scoping study Summary: Scoping study for four bike/ped segments: Hinesburg Road north of Kennedy Drive; Spear Street South of the US Forest Serve Building; Fayette Road; and Allen Road west of Baycrest Road. Status: Public meeting held in late summer 2018. Comments provided by Bike Ped Committee & members of the public. Project team is reviewing and preparing draft final recommendations for presentation and approval. 3. Exit 14 Bike Ped Crossing Phase II – Scoping Summary: This project would pick up where Phase I finished and develop a preferred layout and orientation for a bike-ped crossing over the I-89 at Exit 14. Status: The City solicited through an initial application and received feedback on the concept from potential Federal funding partners and will begin developing a refined design in 2019 for possible application. 4. Williston Road / Dorset Street lane assignments Summary: This project examines in greater detail the proposed lane re-assignments at the Dorset Street / Williston Road intersection, including changing the westbound orientation to straighten out the “jog” that exists and improve overall traffic flow Status: project is underway in partnership with a private sector partner. 5. Natural Resources Zoning Summary: The City received CCRPC staff support for completing wildlife / natural resources standards update in the Land Development Regulations. This will include assistance in completing work begun with the CCRPC several years ago as well as completing an update to river corridor standards. Status: The Planning Commission is undertaking this as part of the Planned Unit Development / Subdivision / Master Plan project. Mapping was developed and CCRPC staff will assist in providing technical support towards completion of this project and integration with the PUD language in 2019. 6. City Center Parking & Movement Plan, Phase I Summary: This project would get the City started into how to management parking & movement of people (employee transportation) in City Center. Building on the broad Transportation Demand Management Options work from 2015, this would begin to establish what the City will need to do both physically and systematically to manage parking and to maximize efficiency in the coming years as City Center builds out. 4 Status: Project team was formed in fall 2019 and project scope was finalized with Stantec. Data collecting on existing parking and usage is underway. Community outreach to take place in winter of 2019. 7. Traffic Overlay District / Highway Impact Fees Summary: This project is a re-write of the City’s Transportation Regulations (replacement of the traffic overlay district) and Update to the City’s Highway Impact Fees. Status: Staff and the project consult, RSG, have met with the Planning Commission and been given endorsement on approach. Staff is working with the consultant to develop the language fully and deliver a complete draft in the late spring of 2019. 8. Tilley Drive / Kimball Ave / Hinesburg Road / Community Drive Network Study Summary: Transportation & Land use network study for the business park part of the City, with recommended improvements for coming years and land use recommendations to foster multi- modal transportation use. Status: Following guidance from the Planning Commission last winter, staff, the CCRPC and consultant VHB have been developing a tiered approach to transportation improvements with triggers for action. Expected completion of this phase in the late spring of 2019. 9. Interim Zoning Support – Inclusionary Zoning, mapping, economics of conservation Summary: Following a request from the City of South Burlington, the CCRPC is providing the City with support related to Interim Zoning priorities, including Inclusionary Zoning (affordable housing) work, mapping, and review of work related to the economic analysis of land and land conservation. This work will take the place of the previously-sought-after work from the CCRPC, which was a Land Value of Development / Return on Investment project. Status: kickoff in January 2019. The programs and services of the City of Burlington are accessible to people with disabilities. Foraccessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone:(802) 865-7188 Fax:(802) 865-7195 David White,FAICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton,Senior GIS/IT Programmer/Analyst Scott Gustin, AICP,Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Shaleigh Draper, Zoning Clerk Layne Darfler, Planning Technician TO:South Burlington Planning Director Colchester Planning Director Winooski Planning & Zoning Manager Chittenden County Regional Planning Director VT Department of Housing and Community Development FROM:Meagan Tuttle,AICP,Comprehensive Planner, City of Burlington DATE:December 17, 2018 RE:Burlington Comprehensive Development Ordinance Amendments Enclosed, please find proposed amendments to the City of Burlington Comprehensive Development Ordinance: ZA-19-07:Commercial Uses in ELM The Planning Commission will hold a public hearing on the proposed amendments on Wednesday,January 9, 2019 at 6:45 pm in Conference Room 12, City Hall, 149 Church Street, Burlington. Please ensure this communication is forwarded to the chairs of your respective Planning Commissions. Submit any communications for the Planning Commission’s consideration at the hearing to me by close of business on January 7,2019. Thank you. CC:Andy Montroll, Burlington Planning Commission Chair Kimberly Sturtevant,Assistant City Attorney David White,FAICP, Planning Director Scott Gustin, AICP, Principal Planner Burlington Planning Commission 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7144 (TTY) www.burlingtonvt.gov/pz Andy Montroll, Chair Bruce Baker, Vice Chair Yves Bradley Alex Friend Emily Lee Harris Roen Jennifer Wallace-Brodeur PUBLIC HEARING NOTICE Burlington Comprehensive Development Ordinance ZA-19-07 Commercial Uses in E-LM Pursuant to 24 V.S.A. §4441 and §4444, notice is hereby given of a public hearing by the Burlington Planning Commission to hear comments on the following proposed amendments to the City of Burlington’s Comprehensive Development Ordinance (CDO). The public hearing will take place on Wednesday, January 9, 2019 beginning at 6:45pm in Conference Room 12, City Hall, 149 Church Street, Burlington, VT. Pursuant to the requirements of 24 V.S.A. §4444(b): Statement of purpose: This amendment is proposed to the Burlington CDO as follows: ZA-19-07: The purpose of the proposed amendment is to permit additional commercial uses in certain parts of the E-LM zoning district consistent with the vision for the South End articulated in the draft planBTV: South End Master plan. This includes permitting banks, removing the limitations on performing arts centers, and establishing a requirement that a majority of the gross floor area on a lot south of Home Avenue be an industrial/manufacturing/warehouse use. Geographic areas affected: the proposed amendments are applicable to the following areas in the City of Burlington: ZA-19-07: The amendment applies to properties located within the Enterprise-Light Manufacturing zoning district located within the South End of Burlington. List of section headings affected: ZA-19-07: The proposed amendment modifies Sec. 4.4.3 (c) and (d); modifies Table 8.1.8-1 Minimum Off-Street Parking Requirements; modifies Article 13 Definitions; modifies Appendix A- Use Table; and modifies Sec. 14.3.4-H and Sec. 14.3.5-H. The full text of the Burlington Comprehensive Development Ordinance and the proposed amendment is available for review at the Department of Planning and Zoning, City Hall, 149 Church Street, Burlington Monday through Friday 8:00 a.m. to 4:30 p.m. or on the department’s website at www.burlingtonvt.gov/pz. The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, GIS Manager Scott Gustin, AICP, CFM, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Shaleigh Draper, Zoning Clerk Layne Darfler, Planning Technician TO: Planning Commission FROM: Meagan Tuttle, Comprehensive Planner DATE: December 17, 2018 RE: Public Hearing on Proposed CDO Amendment ZA-19-07: Commercial Uses in the E-LM Zone Overview & Background The proposed amendment emerged from a number of separate requests during the past several months to reconsider certain allowable commercial uses in the Enterprise-Light Manufacturing (E-LM) district: A series of prospective tenants for the Maltex building on Pine Street, all intending to establish a bank in the building. This use is not presently permitted in the E-LM. An inquiry about expanding the size limit for performing arts centers in order to allow Arts Riot to expand into an adjacent space for its office/storage needs. A performing arts center is presently limited to 5,000 sq.ft. on properties along Pine Street. Burton’s interest in repurposing one of their buildings on Industrial Parkway, to include a range of R&D, warehouse, and other commercial uses, including a performing arts center. These requests, as well as a number of previous zoning amendment requests that have been approved in the last several years, relate to the long-standing concern that the E-LM standards are somewhat outdated, and utilize a one-size-fits-all approach despite the evolving nature of the South End. This concern is one of the underlying factors that prompted the creation of the draft planBTV: South End Master Plan, and a comprehensive update to the E-LM standards is one of the key recommendations of the draft plan. A comprehensive review of the district is likely in 2019, following the re-adoption of planBTV: Comprehensive Plan, which is anticipated to include planBTV: South End Master Plan. Recent amendments to E-LM have begun to incorporate the approach discussed in planBTV: South End to consider the appropriateness of various art, commercial, and industrial uses within certain parts of the Enterprise Zone. A recent example is the provision of small grocery stores between Flynn & Home Avenues only. This amendment uses a similar approach to balance the timely consideration of the above requests brought before the Planning Commission, with the big picture guidance of planBTV: South End. Details related to the proposed amendment can be found on the following pages. 2 Proposed Amendment Amendment Type Text Amendment Map Amendment Text & Map Amendment Purpose Statement The purpose of the proposed amendment is to permit additional commercial uses in certain parts of the E-LM zoning district consistent with the vision for the South End articulated in the draft planBTV: South End Master plan. This includes permitting banks, removing the limitations on performing arts centers, and establishing a requirement that a majority of the gross floor area on a lot south of Home Avenue be an industrial/manufacturing/warehouse use. 1. Allow banks as a permitted use north of Flynn Avenue Add banks to the list of permitted uses within the E-LM, but prohibit drive-thrus. 2. Prioritize manufacturing, industry, R&D, and warehousing south of Home Avenue planBTV: South End identifies the area south of Home Avenue as an important area to preserve for more traditional industrial uses. However, today the following commercial uses are also permitted or conditional uses in the E-LM zone, including south of Home Avenue. The proposed amendment limits these uses to a supporting role within the southernmost portion of the district in order to preserve space for industrial/manufacturing uses: General Retail, specific retail types, General Office, Open Air Markets Variety of auto, marine, bike, rail related sales and services Health Clubs & Studios Cafes & Bakeries Community Center Daycare & Preschools Medical/Dental Offices Animal care services Variety of uses related to the arts 3. Leverage market-rate commercial uses to support industry/manufacturing planBTV: South End recognizes the challenge of preserving industrial and manufacturing uses given the market realities of the South End, and identifies the need to come up with creative solutions to support and protect these uses. Therefore, this amendment is intended to leverage more traditional commercial uses that are compatible with and can help subsidize space for industrial/manufacturing uses. This is accomplished by allowing the uses identified above south of Home Avenue only when they are on the same lot as an industrial/manufacturing use, and by limiting the collective area of those uses to no more than 49% of the gross floor area on lot. This establishes two groups of uses: Group A Use Types Currently permitted or conditional uses in E-LM, including south of Home Ave, for which no change is recommended. Group B Use Types Currently permitted or conditional uses in E-LM. This proposal allows these uses south of Home Ave only when: - on a lot with one or more Group A uses - collective GFA of Group B uses is <49% of total GFA on the lot Food & Beverage Processing Animal Boarding & Kennel/Shelter, Vet/Animal Hospital 3 Medical/Dental Lab Auto Repair/Body Shop, Auto/Marine Parts, Bicycle Repair, Boat Rental/Sales; Auto Sales, Car Wash, Rail Equip/Storage, RV Sales Taxi/Bus Operations & Trucking Operations, Public Transit Terminal, Public Works Yard/Garage General Office, Bank/Credit Union Machine/Woodworking, Manufacturing & Tour-Oriented Manufacturing, Warehouse, Appliance Sales/Service, Dry-cleaning service, Laundromat, Auction House, Garden Supply Hazardous Waste Disposal, Solid Waste Facility, Recycling Center; Dry Cleaning Plant Wholesale Sales General Retail (Large or Small) Open Air Markets Retail Warehouse/Self Storage, Printing Plant, Distribution Center, Lumber Yard, Contractor Yard Art Gallery Studio, Film Studio, Performing Arts Studio, Photo Studio & Photography, Radio/TV/ Recording Studio, Performing Arts Center (currently limited to Pine St), Printing Studio Community Center, Park, Community Garden Fire Station, Police Station, Post Office Distribution Center Café/Bakery Parking Lot/Garage Medical/Dental Office Health Club/Studio, Indoor Recreation Facility Trade School, Daycare & Preschool (Large or Small) Proposed Amendments To achieve the goals identified above, the proposed amendment affects the following sections of the Burlington Comprehensive Development Ordinance: Amend Sec. 4.4.3 to establish the limitation on ‘Group B’ uses: Sec. 4.4.3 Enterprise Districts (a) – (b) As written. (c) Permitted and Conditional Uses: 1. The principal land uses that may be permitted, or conditionally permitted pursuant to the requirements of Article 3, within the Enterprise districts shall be defined in Appendix A- Use Table. 2. Within the E-LM district, permitted or conditionally permitted retail, commercial, arts, education, and service uses not associated with industrial, manufacturing, R&D, and warehouse purposes are not permitted on lots south of Home Avenue except when: a. one or more industrial, manufacturing, R&D, and/or warehouse use(s) exist on the lot; and b. the combined gross floor area (GFA) of any general retail, commercial, arts, education, and/or service use(s) does not exceed 49% of the gross floor area on the lot. Uses restricted by this provision are identified in Appendix A- Use Table. 4 (d) District Specific Regulations 1. Convenience Stores As written 2. Drive thrus are not permitted. Amend Article 13 to modify manufacturing definitions: Article 13: Definitions Machine/Woodworking Shop: Shops less than 10,000 square feet where lathes, presses, grinders, shapers, and other wood- and metal-working machines are used such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing, heating, and electrical repair shops; and overhaul shops. Includes stone cutting but excludes drop forge. Manufacturing: The mechanical or chemical transformation of materials or substances into new products, including but not limited to the assembling of component parts, the creation of products, and the blending of materials including but not limited to oils, plastics, resins, metal, wood, stone, etc, including. Includes drop forge. Manufacturing establishments are greater than or equal to 10,000 square feet., and incidental storage and distribution of products. A manufacturing use may include a show room and/or offer public tours that are incorporated into the facility’s ordinary operations. Manufacturing- Light: The manufacturing of finished products or parts from previously prepared materials using hand tools, mechanical tools, and electronic tools, including processing, fabrication, assembly, treatment, and packaging of products, as well as incidental storage, sales, and distribution of such products; as well as shops for overhaul and repair including for plumbing, HVAC, and electrical. A light manufacturing use may include a show room and/or offer public tours that are incorporated into the facility’s ordinary operations. Manufacturing-tour Oriented: A manufacturing and/or processing establishment in which public tours are accommodated and incorporated into the facility’s ordinary operations and may include the accessory retail sale of products or goods produced on the premises. Amend Appendix A- Use Table (See Attached) Reference new Sec. 4.4.3 (c) 2 for ‘Group B’ uses, add new ‘Manufacturing-Light’ use, and delete ‘Machine/Woodworking Shop’ and ‘Manufacturing-tour Oriented’. Further, add footnotes to limit the size of ‘Manufacturing-Light’ uses in neighborhood mixed-use districts, to require uses that offer public tours to be permitted by conditional use provisions, and to delete the footnote limiting Performing Arts Centers to Pine Street. Amend Article 14 planBTV Downtown Code (See Attached) Amend Sec. 14.3.4-H and Sec. 14.3.5-H to reflect the updated use types for manufacturing consistent with the above two modifications. ZA-19-07: Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table for ZA-19-07 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM RESIDENTIAL USES UR RCO - A1 RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Single Detached Dwelling N N 1 N N Y Y Y N30 N N30 N30 N30 N N N Accessory Dwelling Unit (See Art.5, Sec.5.4.5) N N N N Y Y Y N N N N N N Attached Dwellings - Duplex N N1 N N Y CU 2 Y Y N Y 3 N Y N N N Attached Dwellings - Multi- Family (3 or more) N N1 N N CU N Y Y N Y Y Y Y N N Attached Dwelling(s) – Mixed-Use26 N N1 N N CU CU CU CU N Y Y Y Y N N RESIDENTIAL SPECIAL USES UR RCO – A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Assisted Living N N N N CU CU Y Y N Y Y Y Y N N Bed and Breakfast4, 6 N N N N CU CU CU CU N Y Y Y N N N Boarding House 6 (4 persons or less) N N N N CU CU Y Y N Y Y Y N N N Boarding House 6 (5 persons or more) N N N N CU CU CU CU N CU CU CU N N N Community House (See Sec.5.4.4) N N N N CU CU CU CU N CU CU CU CU N N Convalescent /Nursing Home N N N N CU CU Y Y N Y Y Y Y N N Dormitory5 N N N N CU N N N N N25 CU CU N N N Emergency Shelter31 N N N N N CU CU CU N CU CU CU CU N N Group Home N N N N Y Y Y Y N Y Y Y Y N N Historic Inn (See Sec.5.4.2) N N N N CU CU CU CU N CU Y Y Y N N Mobile Home Park N N N N N CU CU N N N N N N N N Sorority/Fraternity5 N N N N CU N N N N N N N N N N NON-RESIDENTIAL USES UR21 RCO - A RCO - RG RCO - C I RL/W RM RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Adult Day Care N N N N CU N N N N Y Y Y Y N N Agricultural Use20 N Y Y CU Y N N N N N N N N Y N Amusement Arcade N N N N N N N N N N CU CU CU N N Animal Boarding/Kennel/Shelter N CU N N N N N N N N CU CU CU CU CU27 Animal Grooming N N N N N N N N N Y Y Y Y CU CU27 Animal Hospitals/Veterinarian Officee N CU N N CU N N N N CU CU CU CU Y Y27 Appliance Sales/Service N N N N N N N N N Y24 Y Y Y24 N Y27 Aquarium N N CU N CU N N N (See Sec.4.4.1(d) 2) N N N N N N Art Gallery/Studio N N N N Y N N CU13 (See Sec.4.4.1(d) 2) Y Y Y Y Y Y27 ZA-19-07: Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table for ZA-19-07 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Auction House N N N N N N N N N N Y Y N N CU27 Automobile Body Shop N N N N N N N N N N N Y N N Y27 Automobile & Marine Parts Sales N N N N N N N N (See Sec.4.4.1(d) 2) CU Y Y Y N Y27 Automobile/Vehicle Repair N N N N N N N N N CU9, 12, 14 CU9, 12, 14 CU14 N N Y27 Automobile Sales – New & Used N N N N N N N N N N Y Y N N CU27 Bakery N N N N N N22 N22 CU13 N Y Y Y Y Y Y27 Bank, Credit Union N N N N CU N22 N22 N22 N Y Y Y Y N YN27 Bar, Tavern N N N N N N N N N CU CU CU CU N N Beauty/ Barber Shop N N N N CU N22 N22 CU13 N Y Y CU Y N N Bicycle Sales/Repair N N N N CU N N N N Y Y Y Y N Y27 Billiard Parlor N N N N N N N N N CU Y CU Y N N Boat Repair/Service N N CU N N N N N (See Sec.4.4.1(d) 2) N CU CU N N Y27 Boat Sales/Rentals N N CU N N N N N (See Sec.4.4.1(d) 2) N Y Y N N Y27 Boat Storage N N CU N N N N N N N CU CU N N Y27 Bowling Alley N N N N N N N N N CU Y Y Y N N Building Material Sales N N N N N N N N N N Y10 Y N N Y27 Café N CU17 CU N CU N22 N22 CU13 (See Sec.4.4.1(d) 2) Y Y Y Y CU CU27 Camp Ground N Y Y N N N N N (See Sec.4.4.1(d) 2) N N N N N N Car Wash N N N N N N N N N N CU Y CU N CU27 Cemetery N N Y N N N N N N N N N N N N Cinema N N N N Y N N CU N CU14 Y N Y14 N N Club, Membership N N Y N CU N Y Y N CU CU N CU N N Community Center N N CU N CU CU13 CU13 Y13 N Y Y Y Y N CU27 Community Garden N Y Y N Y Y Y Y N Y Y Y Y Y Y27 Conference Center N N N N CU N N N N N N N N N N Composting N CU N N N N N N N N N N N N N Contractor Yard N N N N N N N N N N N Y 10 N N Y Convenience Store (See Sec.5.4.3) N N N N N N N CU12 N Y12 Y Y Y12 N Y27 Convention Center N N N N N N N N N N N N N N N Courthouse N N N N Y N N CU N N N N N N N Crematory N N N N N N N N N N N CU N N N Crisis Counseling Center N N N N CU CU CU CU N Y Y Y Y N N ZA-19-07: Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table for ZA-19-07 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Daycare - Large (Over 20 children) (see Sec. 5.4.1) N N N N CU CU13 CU13 CU13 N Y Y Y Y N CU17, 27 Daycare - Small (up to 20 children) (See Sec.5.4.1) N CU8 CU8 CU8 CU CU13 CU13 CU13 N Y Y Y Y CU CU17, 27 Daycare – Family Home N N N N Y Y Y Y N Y Y Y Y N N Dental Lab N N N N CU N N N N Y Y Y Y N Y Distribution Center N N N N N N N N N N N CU N N CU Dry Cleaning Plant N N N N N N N N N N N CU N N CU Dry Cleaning Service N N N N CU N22 N22 N22 N Y24 Y Y Y24 N CU27 Film Studio N N N N Y N N N N N CU Y CU N CU27 Fire Station N N Y N Y CU CU CU N Y Y Y Y Y Y Food & Beverage Processing27 N N N N N N N N N CU14 CU14 CU CU14 Y Y Fuel Service Station9 N N N N N N N N N CU11 Y 11 Y N N N Funeral Home N N N N N CU 7 CU 7 CU7 N CU Y Y N N N Garden Supply Store N N N N CU N N N N CU24 Y Y N Y Y27 General Merchandise/Retail – Small <4,000sqft N N N N CU N22 N22 N22 (See Sec.4.4.1(d) 2) Y Y Y Y N Y27 General Merchandise/Retail – Large ≥4,000sqft N N N N N N N N (See Sec.4.4.1(d) 2) N CU18 CU CU N CU17, 27 Grocery Store – Small ≤10,000sqft N N N N N N N CU N Y Y Y Y CU CU28 Grocery Store – Large >10,000sqft N N N N N N N N N N Y Y N N CU28 Hazardous Waste Collection/Disposal N N N N N N N N N N N N N N CU Health Club N N N N Y N N CU N CU Y Y Y N CU27 Health Studio N N N N Y N22 N22 CU N Y Y Y Y N Y27 Hospitals N N N N CU N N CU N N N N N N N Hostel N N N N Y N N CU N Y Y Y Y N N Hotel, Motel N N N N CU N N N (See Sec.4.4.1(d) 2) N Y N Y N N Laundromat N N N N CU N22 N22 CU13 N Y13 Y Y Y N Y27 Library N N N N Y CU CU Y N Y Y Y Y N N Lumber Yard N N N N N N N N N N CU10 Y N N Y Machine/Woodworking Shop Manufacturing- Light27, 29 N N N N N N N N N CU14 CU14 CU CU1424 CU Y Manufacturing27, 29 N N N N N N N N N N N CU N CU Y ZA-19-07: Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table for ZA-19-07 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Manufacturing - Tour Oriented N N N N N N N N N N N CU N CU CU Marina N N Y N N N N N (See Sec.4.4.1(d) 2) N N N N N N Medical Lab N N N N CU N N N N CU Y Y N CU CU Mental Health Crisis Center N N N N N N CU (See §5.4.11) N N N N N N N N Museum–Small < 10,000 sqft N CU CU CU Y CU13 CU13 CU8,13 (See Sec.4.4.1(d) 2) Y Y Y Y CU Y23 Museum-Large >10,000 sqft N N N N CU N N N (See Sec.4.4.1(d) 2) N CU CU N CU CU23 Office - General N N N N N N N N N Y Y Y Y CU Y27 Office - Medical, Dental N N N N CU N22 N22 N22 N Y Y Y Y N Y27 Open Air Markets N Y Y N Y CU CU CU (See Sec.4.4.1(d) 2) Y Y Y Y Y Y27 Operations Center – Taxi/Bus9 N N N N N N N N N N N CU11 N N Y Operations Center - Trucking9 N N N N N N N N N N N Y11 N CU11 CU Park N Y Y Y Y Y Y Y (See Sec.4.4.1(d) 2) Y Y Y Y CU CU27 Parking Garage 9 N N N N Y N N CU N CU Y N CU N CU Parking Lot 9 N N N N N N N N N N CU N N N CU Performing Arts Center N N N N Y N N N (See Sec.4.4.1(d) 2) CU Y N CU N CU2727 Performing Arts Studio N N N N Y N N CU13 (See Sec.4.4.1(d) 2) CU CU CU Y N Y27 Pet Store10 N N N N N N N N N CU Y Y Y N N Pharmacy N N N N CU N22 N22 N22 N Y Y Y Y N N Photo Studio N N N N N N22 N22 N N Y Y Y Y N Y27 Photography Lab N N N N N N N N N CU Y Y Y CU Y27 Police Station - Central N N N N CU N N N N Y Y Y N N N Police Station - Local N N CU N Y CU CU CU N Y Y Y Y Y Y Post Office – Central Distribution Center N N N N N N N N N N Y Y N N Y Post Office - Local N N N N Y N22 N22 N22 N Y Y Y Y N N Printing Plant N N N N N N N N N N N CU N N Y Printing Shop N N N N CU N22 N22 N N CU Y Y Y N Y27 ZA-19-07: Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table for ZA-19-07 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Public Transit Terminal N N N N Y N N N (See Sec.4.4.1(d) 2) N CU CU Y CU Y Public Works Yard/Garage9 N N N N CU11 N N N N N CU11 Y11 N CU Y Radio & TV Studio N N N N N N N N N N Y Y Y N Y27 Rail Equip. Storage & Repair N N N N N N N N (See Sec.4.4.1(d) 2) N N N N CU CU27 Recording Studio N N N N N N N CU N CU CU Y Y N Y27 Recreational Facility - Indoor N N CU N CU N CU CU (See Sec.4.4.1(d) 2) N Y CU N N CU27 Recreational Facility -Outdoor Commercial N N CU N CU N N N (See Sec.4.4.1(d) 2) N N CU N N N Recreational Facility -Outdoor N N Y N Y N N N (See Sec.4.4.1(d) 2) N Y Y CU N N Recreational Vehicle Sales – New and Used N N N N N N N N N N CU CU N N Y27 Recycling Center – Large 10 (above 2,000 sf) N N N N N N N N N N N N N CU CU Recycling Center - Small 10 (2,000 sf or less) N N N N CU N N N N CU CU CU CU CU Y Research Lab N CU N N CU N N N (See Sec.4.4.1(d) 2) N CU CU CU24 CU Y Restaurant N N N N N N22 N22 CU 8, 13 (See Sec.4.4.1(d) 2) Y13 Y Y Y13 N N Restaurant – Take Out N N N N CU13 N22 N22 N (See Sec.4.4.1(d) 2) Y13 Y Y Y13 N Y13, 27 Salon/Spa N N N N CU N22 N22 N N Y Y Y Y N N School - Post-Secondary &Community College N N Y N CU N CU CU N CU CU CU CU N N School – Preschool Large (over 20 children) (see Sec. 5.4.1) N N N N CU CU13 CU13 CU13 N Y Y Y Y N CU17, 27 School – Preschool Small (up to 20 children) (see Sec. 5.4.1) N CU8 CU8 CU8 CU CU13 CU13 CU13 N Y Y Y Y CU CU17, 27 School - Primary N N N N CU CU CU CU N CU CU CU CU N N School - Secondary N N N N CU CU CU CU N CU CU CU CU N N School, -Trade, or Professional N N N N CU N N N N CU N N CU N CU27 Solid Waste Facility - Incinerator, Landfill, Transfer Station N N N N N N N N N N N N N CU CU Tailor Shop N N N N N N22 N22 CU N Y Y Y Y N N Warehouse N CU N N CU N N N (See Sec.4.4.1(d) 2) N N Y15 N Y Y ZA-19-07: Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table for ZA-19-07 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Warehouse, Retail9 N N N N N N N N N N CU15 CU15 N CU CU Warehouse, Self-Storage9 N N N N N N N N N N N Y15 N N CU Wholesale Sales9 N CU N N N N N N N N N Y 15 N Y Y Worship, Place of N N N N CU CU CU Y N Y CU CU CU N N 1. Residential uses are not permitted except only as an accessory use to an agricultural use. 2. Duplexes may be constructed on lots which meet the minimum lot size specified in Table 4.4.5-1. 3. Duplexes shall only be allowed as a result of a conversion of an existing single family home. New duplexes are prohibited. 4. No more than 5 rooms permitted to be let in any district where bed and breakfast is a conditional use. No more than 3 rooms permitted to be let in the RL district. 5. An existing fraternity, sorority, or other institutional use may be converted to dormitory use subject to conditional use approval by the DRB. 6. Must be owner-occupied. 7. Must be located on a major street. 8. Small daycare centers and small preschools in the RCO zones shall only be allowed as part of small museums and shall constitute less than 50% of the gross floor area of the museum. 9. Automobile sales not permitted other than as a separate principal use subject to obtaining a separate zoning permit. 10. Exterior storage and display not permitted. 11. All repairs must be contained within an enclosed structure. 12. No fuel pumps shall be allowed other than as a separate principal use subject to obtaining a separate zoning permit. 13. Permitted hours of operation 5:30 a.m. to 11:00 p.m. 14. Such uses not to exceed ten thousand (10,000) square feet per establishment. 15. Excludes storage of uncured hides, explosives, and oil and gas products. 16. See Sec.4.4.1(d) 2 for more explicit language regarding permitted and conditional uses in the Downtown Waterfront – Public Trust District. 17. Allowed only as an accessory use. 18. A permitted use in the Shelburne Rd Plaza and Ethan Allen Shopping Center. 19. [Reserved]. 20. Accepted agricultural and silvicultural practices, including the construction of farm structures, as those practices are defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation, respectively, under 10 VSA §1021(f) and 1259(f) and 6 VSA §4810 are exempt from regulation under local zoning. 21. See Sec. 4.4.7 (c) for specific allowances and restrictions regarding uses in the Urban Reserve District. 22. See Sec. 4.4.5 (d) 6 for specific allowances and restrictions regarding Neighborhood Commercial Uses in Residential districts. 23. Allowed only on properties with frontage on Pine Street. 24. Such uses shall not exceed 4,000 square feet in size. 25. Dormitories are only allowed on properties contiguous to a school existing as of January 1, 2010. 26. The mixed uses shall be limited to those that are either permitted, conditional, or pre-existing nonconforming in the zoning district. 27. Performing arts centers in the ELM zone shall be limited to a total of 5,000 square feet in size and to properties with frontage on Pine Street. Performing arts centers may contain accessory space for preparation and serving food and beverages, 27. including alcohol, provided this accessory space comprises less than 50% of the entire establishment. Use is permitted or conditionally permitted south of Home Avenue only when on a lot with one or more manufacturing, industrial, R&D, and/or warehouse use, and when the combined gross floor area of any use with this footnote does not exceed 49% of the Gross Floor Area on a lot. 28. 29.28. Grocery Stores up to but not to exceed 30,000 square feet may be permitted subject to conditional use approval by the DRB in that portion of the Enterprise-Light Manufacturing District between Flynn and Home Avenue. 30.29. Must be fully enclosed within a building. 31.30. New single detached dwellings are not permitted. However, a pre-existing single detached dwelling may be reverted to a single family use regardless of its present use if the building was originally designed and constructed for that purpose. 31. See special use standards of Sec. 5.4.13, Emergency Shelters. _____________________________________ i For permitted and conditional uses within the Downtown and Waterfront Form Districts, refer to Article 14. Legend: Y Permitted Use in this district CU Conditional Use in this district N Use not permitted in this district Abbreviation Zoning District RCO – A RCO - Agriculture RCO – RG RCO – Recreation/Greenspace RCO – C RCO - Conservation I Institutional RL/W Residential Low Density, Waterfront Residential Low Density RM/W Residential Medium Density, Waterfront Residential Medium Density RH Residential High Density DW-PT Downtown Waterfront-Public Trust NMU Neighborhood Mixed Use NAC Neighborhood Activity Center NAC-RC NAC – Riverside Corridor NAC-CR NAC – Cambrian Rise E-AE Enterprise – Agricultural Processing and Energy E-LM Enterprise – Light Manufacturing ARTICLEARTICLESpecific to Form Districts14ARTICLE 14| 26 14.3 Art. 14 - planBTV Downtown Code - 11/13/17 Key Permitted Use P Conditional Use CU END NOTES 3 Exterior storage and display not permitted. 14.3.4-H- Use Type FD6 MANUFACTURING/ PRODUCTION/ STORAGE Dental Lab P Food Processing P Machine/Woodworking Shop Manufacturing- Light3 P Manufacturing 3 P Manufacturing - Tour Oriented 3 P Medical Lab P Production Studio P Photography Lab P Printing Plant P Research Lab P Warehouse/Storage 3 P Warehouse, Self-Storage 3 P EDUCATION & DAY CARE Day Care - Adult P Daycare - All (Sec. 14.6.6.b)P School - Post-Secondary & Community College P School - Primary P School - Secondary P School, -Trade, or Professional P 14.3.4-H- Use Type FD6 Civic Courthouse P Fire Station P Library P Park P Police Station P Post Office P Worship, Place of P TRANSPORTATION & UTILITIES Recycling Center - Small 3 (2,000 sf or less)P Public Transit Terminal P Operations Center – Taxi/Bus 3 P Parking Structure P Proposed amendments per ZA-19-07 ARTICLEARTICLESpecific to Form Districts14ARTICLE 14| 32 14.3 Art. 14 - planBTV Downtown Code - 11/13/17 14.3.5-H- Use Types FD5 HOSPITALITY/ ENTERTAINMENT/ RECREATION Aquarium P Art Gallery/Studio P Bar, Tavern P Billiards, Bowling & Arcade P Cafe P Cinema P Club, Membership P Community Center P Conference/Convention Center P Museum P Performing Arts Center P Performing Arts Studio P Recreational Facility - Indoor P Restaurant P Restaurant – Take Out P MANUFACTURING/ PRODUCTION/ STORAGE Boat Storage 2 P Dental Lab P Food Processing P Machine/Woodworking Shop Manufacturing- Light2 P Manufacturing 2 P Manufacturing - Tour Oriented 2 P Medical Lab P Production Studio P Photography Lab P Printing Plant P Research Lab P Warehouse/Storage 2 P Warehouse, Self-Storage 2 P 14.3.5-H- Use Types FD5 EDUCATION & DAY CARE Day Care - Adult P Daycare - All (Sec. 14.6.6.b)P School - Post-Secondary & Community College P School - Primary P School - Secondary P School, -Trade, or Professional P Civic Courthouse P Fire Station P Library P Park P Police Station P Post Office P Worship, Place of P TRANSPORTATION & UTILITIES Recycling Center - Small 2 (2,000 sf or less)P Public Transit Terminal P Operations Center – Taxi/Bus 2 P Parking Structure P Key Permitted Use P Conditional Use CU END NOTES 1Must be owner-occupied. 2 Exterior storage and display not permitted. Proposed amendments per ZA-19-07 5 Amend Table 8.1.8-1 Minimum Off-Street Parking Requirements to account for the change to definitions above as follows: Table 8.1.8-1 Minimum Off-Street Parking Requirements Neighborhood Districts Shared Use Districts Downtown Districts NON-RESIDENTIAL USES Per 1,000 square feet of gross floor area (gfa) except as noted Machine Shop/ Woodworking shop Manufacturing- Light 1.3, plus 3 per 1,000 gfa devoted to patron use. 1, plus 2 per 1,000 gfa devoted to patron use. 1 Manufacturing 1.3, plus 3 per 1,000 gfa devoted to patron use. 1, plus 2 per 1,000 gfa devoted to patron use. 1 Manufacturing- Tour Oriented 1.3, plus 3 per 1,000 gfa devoted to patron use. 1.3, plus 2 per 1,000 gfa devoted to patron use 1 Relationship to planBTV This following discussion of conformance with the goals and policies of planBTV is prepared in accordance with the provisions of 24 V.S.A. §4441(c). Proposed Future Land Use & Density The 2014 Municipal Development Plan (planBTV) identifies the E-LM zone for encouraging light industry, creative arts and industry, manufacturing, and incubator space for new and emerging businesses in appropriate locations. The plan further calls for an evaluation of the district’s future—as one that is commercial-industrial in nature, or one that is more mixed-use. The draft planBTV: South End Master Plan provides this evaluation, with the recommendation that the future land use for the southernmost potion of the E-LM is focused on supporting the needs of light industrial, R&D, and industrial arts/maker businesses. As such, the proposed changes place an emphasis on theses uses, and creates a mechanism by which more traditional commercial uses are permitted only when on a lot with an industrial use. Therefore, the proposed amendment is consistent with the 2014 plan and the draft South End Master Plan. The proposed amendment does not impact the permitted density or intensity of land uses. Impact on Safe & Affordable Housing The proposed amendment has no impact on the availability of safe and affordable housing. Housing is not presently permitted in the E-LM, and the proposed amendment does not change this. Planned Community Facilities The proposed amendment has no impact on planned community facilities. 6 Process Overview The following chart summarizes the current stage in the zoning amendment process, and identifies any recommended actions: Planning Commission Process Draft Amendment prepared by: Staff, by request Presentation to & discussion by Commission 11/27/2018 Approved for Public Hearing 11/27/2018 Public Hearing 1/9/2019 Approve & forward to Council Continue discussion City Council Process First Read & Referral to Ordinance Cmte Ordinance Committee discussion Ordinance Cmte recommends to Council [as is / with changes] Second Read & Public Hearing Approval & Adoption Rejected Town of Shelburne, Vermont CHARTERED 1763 P.O. BOX 88 5420 SHELBURNE ROAD SHELBURNE, VT 05482 Clerk/Treasurer Town Manager Zoning & Planning Assessor Recreation FAX Number (802) 985-5116 (802) 985-5110 (802) 985-5118 (802) 985-5115 (802) 985-9551 (802) 985-9550 INVITATION TO COMMENT ON ZONING AMENDMENTS TO: DISTRIBUTION LIST FR: SHELBURNE PLANNING COMMISSION VIA DEAN PIERCE, DIR OF PLANNING RE: ZONING BYLAW AMENDMENT DA: DECEMBER 14, 2018 On Thursday, January 10, 2019, the Shelburne Planning Commission will hold a public hearing on a proposed amendment of Shelburne’s Zoning Bylaw. The extent of the proposed changes is detailed in the attached memorandum. The hearing will begin at 7:00 p.m., or shortly thereafter, and take place in the Shelburne Municipal Complex Meeting Room 1. Those who plan to speak at the hearing are encouraged to also submit a written version of their comments. It is not necessary to appear at the hearing to offer comments. Written comments should be submitted to Dean Pierce, AICP, Director of Planning and Zoning, 5420 Shelburne Road, PO Box 88, Shelburne, VT 05482. Electronic submissions are encouraged. Please direct email to dpierce@shelburnevt.org. MEMORANDUM TO: RECIPIENTS FR: DEAN PIERCE, ON BEHALF OF PLANNING COMMISSION RE: HEARING ON PROPOSAL TO AMEND ZONING BYLAWS DA: DECEMBER 14, 2018 At its December 13 meeting, and at meetings prior, the Shelburne Planning Commission discussed a possible amendment to the Town’s zoning bylaws. At the conclusion of its discussion, the Planning Commission voted to warn a Public Hearing on the proposed changes and to conduct that hearing on Thursday, January 10, 2019. In addition, Staff was directed to distribute the proposed amendment and a “zoning change report” as required by statute. This memo and other materials were prepared in response to that directive. PROPOSED MODIFICATIONS The Planning Commission proposal would modify the Zoning bylaws to allow, as nonconformities subject to conditional use review, limited expansion of structures encroaching on front yard and side yard setbacks in the Rural Zoning District. More specifically, the proposal would allow expansion (up to 25 percent of existing building footprint) “within a required side yard setback so long as the expansion or extension does not extend any closer to the side boundaries than the existing structure.” The proposal also removes reference to a parcel’s frontage on a public highway, as not all parcels in the district have frontage on a public highway but do have a front yard and thus applicable front yard setback. The text of the language to be the subject of the hearing is presented in the documents attached. Language to be added to the bylaw is shown in color with underscore. Language to be deleted is shown in color with strikethrough (strikethrough). Highlights are an artifact and are not part of any proposal to change the bylaw. ZONING CHANGE REPORT A report prepared in accordance with 24 V.S.A. §4441(c) is also attached. This report describes how the proposal “Conforms with or furthers the goals and policies contained in the municipal plan…” and “Is compatible with the proposed future land uses and densities of the municipal plan.” SHELBURNE ZONING BYLAW CHAPTER XIX (GENERAL REGULATIONS) ARTICLE XIX: GENERAL REGULATIONS … 1920 Nonconformities. In accordance with 24 V.S.A., Section 4412(7), nonconformities include nonconforming uses, nonconforming structures, and nonconforming lots. 1920.1 Nonconforming Uses. A nonconforming use may be continued, provided that the following conditions are met: A. No nonconforming use may be changed to another nonconforming use without conditional use approval by the Development Review Board, provided that the Development Review Board finds that the total floor area occupied by the proposed use is no greater than the floor area occupied by the existing non-conforming use. B. A nonconforming use which has been discontinued for a continuous period of twelve (12) months, or has been changed to or replaced by a conforming use, may not be reestablished regardless of the intent to resume the nonconforming use. A nonconforming use shall be deemed to be discontinued if the use is not actively pursued on the premises, or if equipment, furniture, or other appurtenances associated with the use have been removed from the premises. C. A nonconforming use shall not be extended to displace a conforming use. D. Except as specified in this paragraph, no building or structure used for a nonconforming use shall be increased by an addition or separate structure unless the added space is entirely occupied by a conforming use. E. A structure housing a nonconforming use, if destroyed or damaged by fire, collapse, explosion or similar cause may be re-built or repaired for the nonconforming use, provided that the nonconforming use is not extended, expanded or enlarged in any way, and provided that such re-build or repair is completed within two years of the damage or destruction. F. Nothing in this Section shall be construed to prevent normal maintenance and repair of a structure housing a nonconforming use, provided that such action does not increase the degree of or create any new nonconformance. 1920.2 Nonconforming Structures. A nonconforming structure may continue to be occupied, and may be modified, subject to the following: A. Nothing in these regulations shall be construed as permitting the use of a structure declared unsafe by an appropriate governmental authority nor the continuation of a condition declared to be a health hazard by an appropriate governmental authority. “A” Page XIX- _ SHELBURNE ZONING BYLAW CHAPTER XIX (GENERAL REGULATIONS) B. Except as noted below, a nonconforming structure may be extended or expanded provided that the entire expansion or extension meets all applicable setback requirements for the district in which it is located. 1. In the Mixed Use District, the Commerce and Industry District, and the Commerce and Industry South District, a structure that is nonconforming by virtue of extending into the required front setback from Shelburne road may be expanded or extended if such expansion or extension does not extend any closer to Shelburne road than the existing structure. 2. In the Rural District, a structure that is nonconforming by virtue of the structure extending into the required front setback from a public highway, may be expanded or extended if such expansion or extension does not extend any closer to the public road lot frontage than the existing structure, except that in no case shall the building footprint of the expansion exceed twenty-five (25) percent of the existing building footprint. Such expansion or extension may occur within a required side yard setback so long as the expansion or extension does not extend any closer to the side boundaries than the existing structure. C. A nonconforming structure may not undergo significant revision to major architectural elements (e.g., building massing, roof shape, entry arrangement, or fenestration pattern) without prior conditional use approval of the Development Review Board under Section 1910 of these Regulations. D. A non-conforming structure may be modified, but not expanded or extended, by minor changes to doors or windows, upon approval by the Administrative Officer. E. A nonconforming structure, the use of which has been discontinued for a continuous period of two (2) years shall not be re-occupied. The use of a structure shall be considered discontinued if all of the following conditions exist: 1. The structure is unoccupied and not actively offered for sale. 2. Regular maintenance of the structure is not performed. 3. The structure is not served by activated utilities. F. A nonconforming structure which is damaged or destroyed by fire, collapse, explosion or other similar unintended cause may be re-built, repaired or restored, provided that the Zoning Administrator determines that the re-build or repair results in a structure that is no more nonconforming than the original structure, and that the work is completed within two years of the damage or destruction. The Zoning Administrator may grant one year extensions to this deadline if it is demonstrated that the delays were unavoidable and that the work is progressing. G. A nonconforming structure may be demolished and re-built, provided “A” Cont’d Page XIX- _ SHELBURNE ZONING BYLAW CHAPTER XIX (GENERAL REGULATIONS) that the new structure is no more nonconforming than the original structure. H. A nonconforming structure may be moved on the site, provided that the new location results in the structure being as the least nonconforming solution feasible on the site, and that it is no more nonconforming than in the original location. For the purpose of this paragraph, the phrase “least nonconforming solution feasible” shall mean the following: 1. The amount of the building’s footprint that extends into the required setback is as small as possible. 2. The maximum distance that any portion of the building extends into the required setback is as small as possible. 3. The total floor area built within the required setback is as small as possible, and 4. The total volume of enclosed structure located above the maximum building height is as small as possible. I. For the purposes of paragraphs ‘F’ G, and ‘H’ of this sub-section, the phrase “no more nonconforming” shall mean the following: 1. The total area of building footprint of the new or re-built building that extends into the required setback is no more than the total area of building footprint of the original building that extended into the required setback. 2. The total floor area in the portion of the new or re-built building that extends into the required setback is no more than the total floor area of the portion of the original building that extended into the required setback, and 3. The volume of the new or re-built building located above the maximum height limit is no more than the volume of the original building that was located above the maximum height limit. “A” Cont’d Page XIX- _ Planning Commission Reporting Form for Municipal Bylaw Amendments Approved by Planning Commission- December 13, 2018 This report is in accordance with 24 V.S.A. §4441(c) which states: “When considering an amendment to a bylaw, the planning commission shall prepare and approve a written report on the proposal. A single report may be prepared so as to satisfy the requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this title concerning plan amendments.…. The report shall provide (:) (A) brief explanation of the proposed bylaw, amendment, or repeal and ….include a statement of purpose as required for notice under §4444 of this title, (A)nd shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing: 2. Is compatible with the proposed future land uses and densities of the municipal plan: 3. Carries out, as applicable, any specific proposals for any planned community facilities.” Brief explanation of the proposed bylaw amendment. The Planning Commission proposal would modify the Zoning bylaws to allow, as nonconformities subject to conditional use review, limited expansion of structures encroaching on front yard and side yard setbacks in the Rural Zoning District. Purpose The Planning Commission has developed the change in response to a request/inquiry made by Shelburne property owners, with concurrence of staff. The Commission believes the proposed changes address the issues expressed by the property owners while also reflecting the policy input and prerogatives of the Commission. Findings regarding how the proposal conforms with or furthers the goals and policies contained in the municipal plan Under state law, the Zoning Regulations must be “in conformance with” the Plan. To be “in conformance with” the Plan, the bylaw must: make progress toward attaining, or at least not interfere with, the goals and policies contained in the Plan; provide for proposed future land uses, densities, and intensities of development contained in the Plan; and carry out any specific proposals for community facilities, or other proposed actions contained in the Plan. The Planning Commission finds that the proposal conforms with or furthers the goals and policies contained in the municipal plan. Such policies include but are not necessarily limited to the following: Planning Commission Reporting Form for Page 2 Zoning Amendment Proposal, December, 2018 GOAL: TO PRESERVE AND MAINTAIN THE AGRICULTURAL, ECONOMIC, ENVIRONMENTAL, RECREATIONAL, AND AESTHETIC BENEFITS PROVIDED BY SHELBURNE’S RURAL LANDS WHILE AT THE SAME TIME BALANCING THE TOWN’S NEED FOR GROWTH AND SUCCESSFUL INTEGRATION OF THE TOWN INTO THE LARGER REGIONAL COMMUNITY. OBJECTIVES: 1. To identify and establish mechanisms to prevent undue adverse impacts on important scenic and natural resources and features in the Rural Area, including but not limited to productive agricultural and forestry soils, significant natural areas, critical wildlife habitat and corridors, wetlands, aquifer recharge areas, important views, ridgelines, and shorelines. RECOMMENDED ACTIONS: 1. Revise the Zoning Regulations to implement the above goal and objectives. GOAL: TO IDENTIFY, MANAGE, AND CONSERVE SHELBURNE’S NATURAL AND SCENIC RESOURCES SO THAT THEY MAY BE APPROPRIATELY USED AND ENJOYED NOW AND IN THE FUTURE. OBJECTIVES: 8. Protect and improve the quality of Lake Champlain as a water resource, a natural area, and a scenic resource. ACTIONS SPECIFICALLY RELATED TO VISUAL RESOURCES: 1. Amend the Zoning Ordinance and Subdivision Regulations to strengthen the protection of significant views from public roadways, paths and trails, and waterways. GOAL: TO ENCOURAGE THE CONTINUED GROWTH AND DIVERSIFICATION OF SHELBURNE’S ECONOMY IN A MANNER THAT ENHANCES THE GENERAL WELL-BEING OF THE COMMUNITY, AND WHICH DOES NOT DETRACT FROM THE OVERALL CHARACTER OF THE COMMUNITY. OBJECTIVES: 1. Ensure that commercial and appropriate industrial development, and associated employment opportunities, take place in accordance with the Land Use section of this Plan. 4. Actively encourage forms of economic development that complement and are compatible with existing institutions and businesses. Planning Commissioners find that the proposal would positively address and advance the foregoing language as well as related Comprehensive Plan language. They believe that: Planning Commission Reporting Form for Page 3 Zoning Amendment Proposal, December, 2018 • By allowing limited expansion of structures encroaching on front and side yard setbacks in the Rural Zoning District (as nonconformities subject to conditional use review), the proposal would support economic development that is in accordance with the Land Use section of this Plan; and Commissioners also recognize the potential for the proposal to promote other Comprehensive Plan goals and objectives. Findings regarding how the proposal is compatible with the proposed future land uses and densities of the municipal plan. The default development densities authorized by the zoning bylaws are not affected by the proposal. Thus, in conclusion, the Planning Commission finds that the zoning amendment proposal that is the subject of this report would be entirely compatible with the Comprehensive Plan. Findings regarding how the proposal carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment does not directly carry out specific proposals for any planned community facilities. In addition, the proposed amendment does not conflict with any specific proposals for planned community facilities. Findings regarding how the proposal conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The proposed amendments are neutral with respect to the availability of safe and affordable housing. NOTICE SHELBURNE PLANNING COMMISSION Pursuant to 24 VSA § 4444 the Planning Commission will hold a public hearing on 1/10/19 at 7:00 pm in Town Center Meeting Room 1 to consider amendments to the Zoning Bylaw. Purpose: Changes would allow limited expansion of certain structures encroaching on front yard and side yard setbacks in the Rural Zoning District. Geographic Area affected: Rural Zoning District, Town of Shelburne. Articles/Sections affected: Article Section XIX 1920.2.B.2 Place where text may be examined: Full text available for review in Shelburne Planning and Zoning Office during regular business hours, on Town web site, and via email (contact office). Publication date: December 18, 2018